FERGUSON v. U.S.

No. 10-1127.

623 F.3d 627 (2010)

Tony Ray FERGUSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 29, 2010.


Attorney(s) appearing for the Case

Molly K. Sullivan , AFPD, argued, Little Rock, AR, Angela Lorene Pitts , AFPD, on the brief, Fayetteville, AR, for appellant.

Michael S. Gordon , AUSA, argued, Little Rock, AR, for appellee.

Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges.


SHEPHERD, Circuit Judge.

Tony Ray Ferguson appeals from his sentence of 60 months imprisonment imposed after his conviction for possession of a prohibited object in prison. See 18 U.S.C. § 1791(a)(2). He contends that the district court1 committed multiple procedural errors, abused its discretion by imposing a sentence 48 months above his Sentencing Guidelines range, and violated the Eighth Amendment in imposing a 60 month...

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